Restraining Order Removing Tenant From Lease

Tenants can sometimes cause a lot of problems and harassment to the owner of the house. There have been cases of even relatives and family members having problems between themselves in such situations. The owner needs to evict their own family, who were their tenant, as they started to create problems.

The whole relationship of a tenant and an owner can be quite tricky, and it has its own set of rules and laws attached to it. Restraining orders can help to a certain extent to evict one’s tenant so that the owner can reclaim his old space.

For example, 68 P. S. § 250.501 is a statute from Pennsylvania regarding at-will tenants. According to this statute, a notice to quit is served except as provided for in subsection, or in case of the expiration of a term, or of a forfeiture for breach of the conditions of the lease where the validity of lease is for one year or less or for an undetermined time period. The notice will specify that the tenant should move out within fifteen days from the date of being served, and when the lease is for more than one year, then within thirty days from the date of being served.

In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice will state that the tenant move out of the premises within ten days from the date of the served the notice.

There can be restraining orders that owners can issue to their tenants, who are nasty and harassing the owner. There are laws that agree to give a fifteen day temporary restraining order before a notice of eviction is issued.

A temporary restraining order is associated with an "order to show cause". This means that the court can give both the parties involved a chance to show each other the reasons why or why not a more permanent restraining order should be issued for the particular case. More..